“That the apology
received from Mayor Wallace be accepted and leave of absence be granted.”

The Chair alerted members to a major item not on the agenda which would be
discussed later in the meeting.

2. PUBLIC
COMMENT

Comments are recorded under the
item to which they relate.

3.

Mayoral Statement

Crs Milne, Bridson and Lewis advised
of the following bereavements:

·Elaine Sharman QSM. Elaine was a teaching innovator and
advocate for music whose research demonstrated the benefits of music on
children‘s reading skills. Elaine chaired the Lower Hutt
Community Arts Council in the 1980s and passed on her love of music to
hundreds of children and adults over her 53 years of teaching.

·Maurice Payes. Maurice was a pharmacist and owned the Waterloo
Pharmacy for over 50 years. Maurice was an outstanding member of the
community including a long-time member of Rotary.

·John Grace QSM. John served amateur sport for 44 years in
an administrative role for rugby and tennis in the Hutt Valley.

(i) approves
the installation of a Give Way priority control on the Willis Grove approach
to Hine Road, Wainuiomata as shown attached as Appendix 1 to Report
TRS2018/3/165;

(ii) approves
the installation of No Stopping At All Times Restrictions on Hine Road, Wainuiomata
as shown attached as Appendix 1 to Report TRS2018/3/165;

(iii)
approves the installation of No Stopping At All Times Restrictions on the
northern side of Hine Road, Wainuiomata as shown attached as Appendix A to the Traffic Subcommittee minutes
dated 18 June 2018; and

(iv)
requests the repainting of all the current broken yellow lines on the corners
of Willis Grove and Hine Road, Wainuiomata.”

(i) approves the installation of a Mobility Park Restriction outside
Randwick Primary School, Moera as shown attached as
Appendix 1 to the report;

(ii) approves the installation of four P15 Parking
Restrictions, from 8.15-9.15am and 2.30-3.30pm on school days only,outside
Randwick Primary School, Moera as shown attached as
Appendix 1 to the report; and

(iii) approves
the installation of No Stopping at all Times Restrictions outside
Randwick Primary School, Moera as shown attached as
Appendix 1 to Report TRS2018/3/172.”

Item 4i)

Proposed School Zones 40km/h Variable
Speed Limits 2017/2018 (18/819)

In presenting her item, Cr Cousins advised that a
Maungaraki resident attended the Traffic Subcommittee meeting expressing
concern in relation to issues within the proposed Maungaraki School zone. She
further advised that she and officers had since met with the resident and discussed
ways to resolve some of the issues.

(i) notes that the Local Government Act 2002 (LGA 2002) requires
Council to review its bylaws to ensure that they comply with the matters set
out in sections 155 and 159 of the LGA 2002;

(ii) notes that the Control of Animals Bylaw 2008 has been reviewed in
accordance with section 155 of the LGA 2002;

(iii) notes the outcome of the s155 review of the bylaw is to propose
amendments to the bylaw, as more particularly detailed in the statement of
proposal (a draft of which is attached as Appendix 2 to Report PRC2018/3/176);

(iv) agrees to
consult on the Summary of Information, Statement of Proposal and Proposed
Amended Bylaw (a draft of which is attached as Appendices 1-3 to Report
PRC2018/3/176) in accordance with the requirements of the LGA 2002 by means
of a special consultative procedure; and

(i) notes that the Local Government Act 2002 (‘LGA 2002’)
requires Council to review its bylaws to ensure that they comply with the
matters set out in sections 155 and 159 of the Act;

(ii) notes that the Fire Prevention (Urban Fire District) Bylaw 2008
has been reviewed in accordance with section 155 of the LGA 2002;

(iii) notes that the Fire and Emergency New Zealand Act 2017 and the
Fire and Emergency New Zealand (Fire Permits) Regulations 2017 now prescribe
the new role and responsibilities for Hutt City Council;

(iv) notes the outcome of the review is to propose amendments to the
bylaw, as more particularly detailed in the statement of proposal (a draft of
which is attached as Appendix 2 to Report PRC2018/3/177);

(v) agrees
to consult on the Summary of Information, Statement of Proposal and Proposed
Amended Bylaw (a draft of which is attached as Appendices 1-3 to Report
PRC2018/3/177) in accordance with the requirements of the LGA 2002 by means
of a special consultative procedure; and

Speaking under public comment,
Mr M Shierlaw expressed the view that there had been significant
changes to the way Council was elected since the last representation review. He
noted that a majority of voters expressed a desire for change in recent surveys
and believed Council was ignoring their feedback. He addressed comments
made by members at the recent Policy and Regulatory Committee meeting that
supported maintaining the current voting system. He believed the
members’ reasons were not valid. He said research strongly
indicated that increased voter turnout was linked to smaller electorates. He
also believed Council’s decision not to change to a mixed ward or at-large
voting system was based on self-interest.

Speaking under public comment Mr
M Young expressed concern with the Policy and Regulatory
Committee’s recommendations to Council. He believed members had a
collective conflict of interest in the matter. He advocated for a mixed
ward or at-large method of representation which he believed would offer more
diversity and choice for voters. He did not believe Community Panels
offered effective representation in their present form and preferred the
Community Board model across the city.

In response to questions from
members, Mr Young considered there would be more advantages to a mixed ward
or an at-large voting system. He believed there would be higher voter
turnout if residents could vote for candidates from across the city.

Cr Cousins expressed concern
Mr Shierlaw had dismissed the fact that she had referred back to 1989.
Cr Cousins clarified that 1989 was the last time there was at-large elections
across the City. She also advised that previous to 1989 there was a
wide diversity around the Council table. She believed that this
diversity was lost in 1989. She considered that if you reduced the
number of elected positions then you reduce the diversity. She
highlighted that if you lived in communities that were very geographically
distinct then the residents’ views was to have representation from within
those distinct communities and the ward system provided that. She
expressed concern with the huge costs and complexity of the voting system for
at-large elections.

In response to a question from
a member, the Divisional Manager Strategy and Planning advised that legally
Community Panels could not be included in the representation review.
However, she noted that this did not mean that Council could make a decision
to establish Community Panels as its second tier advisors.

In response
to a question from a member, the General Counsel clarified that
Council’s initial consultation on Community Panels was not provided for
under the Local Electoral Act 2001. However, Council was able to
initially consult on how representation looked across the City. The
question was whether Community Panels could be included in the resolution to
go out for consultation and the legal advice was that Community Panels should
be a separate resolution.

Cr Cousins expressed
support for the recommendations. She believed a move away from
small electorates would negatively affect voter demographics and numbers. She considered Community Panels needed more time to demonstrate
what they could do. She did not believe the status quo provided equitable
second tier representation across the city because of the high level of
representation in the Harbour Ward which impacted both voter turnout and
budget spending.

Cr Barratt
and Cr Edwards believed it was too early for Council to make a decision on
Community Panels. Cr Edwards noted the Citizens Survey indicated
residents wanted equity. He believed Council would be in a better
position at a future time to judge how that would look.

Cr Bridson
reinforced that second tier representation should be elected in order to be truly
representative of their area. She added that elected members for the
Community Boards increased the diversity of members and provided a good
grounding for those interested in becoming Councillors.

Cr Lewis
expressed support with the comments made by Cr Bridson.

Cr Milne did not believe a second
tier of representation was necessary in this electronic age. He
considered it wasteful and believed its removal would provide more equity
across the City. He was confident that members were capable of serving
the needs of Lower Hutt’s diverse community.

Cr Barry
noted the delegations and budget provided to Community Boards had
significantly reduced since 2010. He suggested that Community Boards be
restructured with more responsibility to provide the best possible
representation to their communities. Henoted
that the Citizens Survey indicated the majority of the public disagreed with
Councillors on status quo representation, particularly those aged under 50
years old. As a result he could not support the recommendations and instead
suggested Council consult on mixed ward representation.

Cr Briggs proposed
Community Boards be introduced across the City in line with the results of
the Citizens Survey. He considered the move away from the status
quo in the Citizens Survey results indicated a mood for change and said he
would not be supporting the motion.

The Chair supported the
recommendations. He expressed support for Community Panels and was
confident an evaluation of their performance in 2021 would demonstrate their
worth.

(i) notes that Hutt City Council (HCC) has been working with Greater
Wellington Regional Council (GWRC) and New Zealand Transport Agency (NZTA) on
the RiverLink project since 2012 when conceptual design for RiverLink
commenced;

(ii) notes that HCC has allocated funding of $51.9M in its 2018-2028 Long
Term Plan for the Making Places components and associated works for the
RiverLink project;

(iii) endorses the urban design, city infrastructure and local road
components (referred to as Making Places components) contained within
Appendix 1 attached to Report CDC2018/3/191 - RiverLink Preliminary Design
Summary Report and outlined in more detail in Appendix 2 attached to Report
CDC2018/3/191 – The Making Places Story;

(iv) endorses
the outline programme for implementing RiverLink including consenting and
construction, attached as Appendix 3 to Report CDC2018/3/191, noting that
programming is subject to decisions to be made by GWRC and NZTA;

(v) endorses
proceeding to detailed design and consenting of the Making Places components
jointly with our project partners as part of RiverLink, noting that
programming is subject to decisions to be made by GWRC and NZTA;

(vi) supports
NZTA completing its detailed business case (DBC) for the Melling Transport
Improvements that form part of RiverLink in collaboration with GWRC and HCC,
and the recommendation of the DBC to the NZTA Board at the end of 2018;

(vii) supports
GWRC in completing its preliminary design for the flood protection components
and associated works that form part of RiverLink; and

(viii) notes
that officers will report back to the City Development Committee before the
end of 2018 confirming the decision of NZTA and GWRC and the programme for
the next stage.”

Item 7.

Hutt Valley Chamber of Commerce – Proposed
Contract (18/1078)

Cr Barry suggested the proposed contract with the Hutt
Valley Chamber of Commerce (the Chamber) be closely monitored to ensure the
Chamber was delivering satisfactory results.

The Chair agreed the performance of the Chamber should be
monitored as with any Council contract. He highlighted that funding was
provided for specific projects and would be returned if not used.

(i) notes that the Hutt Valley Chamber of Commerce & Industry Inc
(HVCC) indicated as a result of a restructure completed earlier this year
that it would end its current contract for services to Council as at
30 June 2018;

(ii) notes that officers and representatives of the HVCC have been
discussing a revised service offering as the basis of a future contract with
the HVCC;

(iii) notes that Council has budgeted $100,000 per annum in the Long
Term Plan 2018-2028 for a future contract with the HVCC;

(v) approves that
the Draft Contract Services Delivery Schedule form the basis of a contract
for services with the HVCC – that contract to be for three years with
the Contract Services Delivery Schedule to be reviewed and agreed every 12
months.”

“That the report of the meeting
held on 4 July 2018, with the exception of
item 4i), be adopted.”

Recommended Item

Item 4i)

Remuneration and Employment Policy
Amendment (18/1139)

In response to questions from
members the Chief Executive advised that if an employee was significantly
underperforming it would be normal practice for them to be excluded from
participating in the performance review process until their performance was
addressed through a performance improvement plan. He considered there
was scope for the policy amendment to be broadened.

Cr Milne expressed concern
with the motion and advised that he would be voting against it. He
believed that if Council agreed to the recommendation then the decision would
treat some classes of employees differently to others. He did not
consider it cost effective for ratepayers.

Cr Briggs supported the recommendation
and suggested Council consider further amendments to provide more equal pay
such as addressing the pay gap between males and females.

Cr Barry supported the recommendation
and provided an example of how the pay rise had allowed one Council officer
to access a bank loan for their first home.

(i) notes the minutes of the 20 June meeting of the Accessibility and
Inclusiveness Plan Subcommittee attached as pages 7-8 to the Community
Services Committee meeting held on 5 July 2018;

(ii) notes the actions made to be completed in time for the next meeting
of the Subcommittee on 3 October 2018;

(iii) agrees to support the Subcommittee’s recommendation to install a Changing Places toilet facility in Lower Hutt’s
CBD; and

(iv) agrees to support the Subcommittee’s recommendation to
further investigate involvement in CCS,
Disability Action’s work involving the Thundermaps application for:

a) reporting
misuse of mobility parking spaces; and

b) mapping
the location of mobility parks in Lower Hutt.”

6. Miscellaneous

a)

Naenae Library Site Reserve Revocation (18/1220)

Memorandum
dated 17 July 2018 by the Divisional Manager, Community Projects and
Relationships

The
Chair elaborated on the effects of delaying the process until October.

The
General Manager City and Community Services elaborated on the recent workshop
and emphasised that the proposal to revoke the reserve status of the reserve
was simply the start of the process.

In
response to questions from members, the General Manager City and Community Services
emphasised there were no plans in progress for the Naenae Library site at
this stage. He said Council had received feedback from the community
through its Long Term Plan process which would inform proposals. He acknowledged
Council could also consider further community consultation. He confirmed
officers would progress the revocation before considering options for the
site.

In
response to a question from a member, the General Counsel advised the process
of revocation was similar to the special consultative procedure and could
take months or years.

Members
discussed the benefits and risks of proceeding with revocation when plans for
the site were still uncertain. They also discussed the balance of community
uncertainty against the benefits of allowing time to introduce innovative
ideas that might enhance the community.

In response to questions from members,
the Chair advised that he was not involved in discussions regarding the
review of the committee structure and therefore unable to answer any
questions from members. He suggested the matter lie on the table until
Mayor Wallace returned. He highlighted this would provide members with
the opportunity to ask questions directly with Mayor Wallace.

“That an additional meeting of
Council be held in the Council Chambers, 30 Laings Road, Lower Hutt on
Wednesday, 15 August 2018 commencing at 5.30pm to consider the Chief
Executive’s Remuneration and Performance Review 2018.”

(i)notes that the consideration of a
settlement offer in relation to the Local Alcohol Policy Amendment Appeal was
not included in the agenda for the meeting, for the reason that the
information was not available until after the agenda had been distributed;
and

(ii)agrees that the recommendations be
considered at this meeting for the reason that deferring this matter could
result in significant increased cost to Council and the loss of opportunity
to settle the matter out of court.”

“That the public be excluded from the following
parts of the proceedings of this meeting, namely:

13. Committee
Report with Recommended Item

Finance
and Performance Committee - 4 July 2018

14. Urban Plus Limited
Property Acquisition (18/1216)

14a. Local Alcohol
Policy Amendment Appeal (18/1265)

15. Council Minutes - 13
March 2018 and 22 May 2018

The general subject of each matter to be considered
while the public is excluded, the reason for passing this resolution in
relation to each matter, and the specific grounds under section 48(1) of the
Local Government Official Information and Meetings Act 1987 for the passing of
this resolution are as follows:

The withholding of the information is necessary to
protect the privacy of natural persons.(s7(2)(a)).

That the public conduct of the relevant part of the
proceedings of the meeting would be likely to result in the disclosure of
information for which good reason for withholding exist.

Urban Plus Limited Property Acquisition.

The withholding of the information is necessary to
enable the local authority to carry out, without prejudice or disadvantage,
commercial activities (s7(2)(h)).

That the public conduct of the relevant part of the
proceedings of the meeting would be likely to result in the disclosure of
information for which good reason for withholding exist.

Local Alcohol Policy Amendment
Appeal

The withholding of the information is necessary to
enable the local authority to carry on, without prejudice or disadvantage,
negotiations (including commercial and industrial negotiations) (s7(2)(i).

The withholding of the information
is necessary to maintain legal professional privilege (s7(2)(g)).

That the public conduct of the relevant part of the
proceedings of the meeting would be likely to result in the disclosure of
information for which good reason for withholding exist.

Report of the Hutt City Council held on 13 March 2018

The withholding of the information is necessary to
protect the privacy of natural persons.(s7(2)(a)).

The withholding of the information is necessary to
enable the local authority to carry on, without prejudice or disadvantage,
negotiations (including commercial and industrial negotiations)(s7(2)(i).

That the public conduct of the relevant part of the
proceedings of the meeting would be likely to result in the disclosure of
information for which good reason for withholding exist.

Minutes of the Hutt City Council held on 22 May 2018

The withholding of the information is necessary to
protect the privacy of natural persons. (s7(2)(a)).

The withholding of the information is necessary to
enable the local authority to carry out, without prejudice or disadvantage,
commercial activities (s7(2)(h)).

That the public conduct of the relevant part of the
proceedings of the meeting would be likely to result in the disclosure of
information for which good reason for withholding exist.

This resolution is made in
reliance on section 48(1) of the Local Government Official Information and
Meetings Act 1987 and the particular interest or interests protected by
section 6 or 7 of that Act which would be prejudiced by the holding of the
whole or the relevant part of the proceedings of the meeting in public are as
specified in Column (B) above.”